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Friday, December 10, 2010

Ind. Decisions - No Indiana cases from the 7th Circuit, but an interesting opinion involving CERCLA

Arrow Gear Company v. Downers Grove Sanitary District (ND Ill.), a 10-page opinion by Judge Posner, begins:

In 2008 the appellees, Arrow and Precision, brought separate suits under section 113(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9613(b), seeking contribution—seeking to shift some of the costs that Arrow and Precision had incurred, as a result of having been found liable for groundwater contamination, to other polluters of the same site. Those other polluters are the defendants in Arrow’s and Precision’s suits. The district court dismissed the suits as barred by res judicata. We have consolidated the appeals, but discuss only Arrow’s appeal because Precision’s presents no additional issues. We address issues of appellate and trial-court jurisdiction, res judicata, and interpretation of settlement agreements.

Posted by Marcia Oddi on December 10, 2010 11:09 AM
Posted to Ind. (7th Cir.) Decisions